11/10/1998 Minutes - Laserfiche WebLink

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Walker Road at 6:30 A.M. in the morning he normally sees six trucks waiting to be unloaded. Even if the Giant Eagle downsides the store to go under the limit that was agreed upon of 80,000 square feet, what legal procedure is required to guarantee that all agreed upon promises are not changed or deleted after you the Planning Corrunissioners rule. Many of the trucks that will be used for this shopping center are for fresh and frozen foods, and are equipped with refrigeration units that set high on the trailers so the noise will go right over the noise barriers that are on site. The concrete walls and such the areas that the Commissioners were talking about for the trash compactors stuff like that. The refrigeration units are over the eight foot high walls. That sound is going to come right into our yards. Trash compactors will not only be used for cardboard boxes but also for garbage and rotting food. Which is normal for a grocery store as he is not trying to imply anything by that. This is not only for adding to the noise level but to the smell in the air. Large refrigerator compressors, do we have anything on our plans that we are reviewing tonight for the engineering changes that will have to take place at this store, or are these developers going to come back at a different time and say, "Oh they which we would've known we needed this here or that there we wouldn't done this the way we did, but were locked in the way were doing it now. Mr. Hoelter would like to see this tabled until we get all the plans we need. Mr. Dubelko suggested he would like to make a comment that might be helpful to the residents. When he talks about a developer being locked into the codes he is referring to zoning codes and building codes, and construction of buildings. The developer is not locked into current business regulation codes. Business regulation codes are codes that regulate businesses which create nuisances. Example, a number of years back maybe a few of you remember, ten or fifteen years ago a problem the residents on Canterbury had with the Burger King operation, which was the outside squawk boxes. People seven houses down on Clague Road could hear people asking for french fries at midnight. The City was able to deal with that. We passed an ordnance which prohibited Burger King and other fast food restaurants, from operating squawk box operations late at night. We were challenged, Burger King took us to court and Mr. Dubelko tried the case in front of Judge Stephanie Tubs Jones. Maybe some of you have heard about her in the news. She ruled against the City. She ruled that our ordnance was unconstitutional. We appealed it and took it to the Eighth District Court of appeals. The Eighth District Court of Appeals reversed her and said our ordinance was constitutional and it was entirely proper for us to regulate business operations that have an impact on neighborhoods. So you have to keep in mind, and he thinks it is important for us to not lose hope some times, whereas you are locked into the zoning codes where structures are located and buildings usage of property, property owners are not given carte blanche to continue any business operation that impacts or causes a nuisance condition on neighboring lots. We do have a noise ordnance on the books already. Sometimes it's a matter of enforcement, making sure that the law is being enforced by the City. That is one thina that you have to protect you, and if for some reason it doesn't work, there is another noise type operation or nuisance lighting type operation that impacts adversely causes nuisance conditions upon residential neighbors, then a new law can be passed that can restrict business operations in so far as they create a nuisance. So please keep . that in mind it is different from zoning codes. It's not this bodies function to deal with that, but again that is something that City Council can deal with if a business operation becomes a nuisance Mth it's activities in the neighborhood. Mr. Hoelter suggested he may have been misunderstood on that. What he is talking about is engineering changes that would need blue prints and one thing that comes to mind to him right now is, is there anything on the blue prints 15